This is the proposed text of the Defense Department's proposed language
to modify RCRA and CERCLA:
SEC. 314. RANGE MANAGEMENT.
(a) DEFINITION OF SOLID WASTE. -
(1) The term "solid waste" as used in the Solid Waste
Disposal Act, as amended (42 U.S.C. § 6901 et seq.), does not include -
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof, that are or have come to be
located, incident to their normal and expected use, on an operational
range, and remain thereon.
(2) Paragraph (1) shall not apply to -
(A)
(i) military munitions, including unexploded ordnance, or
(ii) the constituents thereof, that -
(B)
(i) are recovered, collected, and then disposed of by
burial or landfilling;
(ii) have migrated off an operational range;
(iii) come to be located off of an operational range; or
(iv) remain on the range once the range ceases to be an
operational range.
(3) Nothing in this section affects the authority of federal,
state, interstate, or local regulatory authorities to determine when -
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof, become hazardous waste for
purposes of the Solid Waste Disposal Act, as amended, including, but not
limited to, sections 7002 and 7003 (42 U.S.C. §§ 6972 and 6973), except
for military munitions, including unexploded ordnance, or the
constituents thereof, that are excluded from the definition of solid
waste by this subsection.
(b) DEFINITION OF RELEASE. -
(1) The term "release" as used in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C.
§ 9601 et seq.), does not include the deposit or presence of any -
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof, that are or have come to be
located, incident to their normal and expected use, on an operational
range, and remain thereon.
(2) Paragraph (1) shall not apply to -
(A)
(i) military munitions, including unexploded ordnance, or
(ii) the constituents thereof, that -
(B)
(i) migrate off an operational range;
(ii) come to be located off of an operational range; or
(iii) remain on the range once the range ceases to be an
operational range.
(3) Notwithstanding the provisions of paragraph (1), the authority
of the President under section 106(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C.
§ 9606(a)), to take action because there may be an imminent and
substantial endangerment to the public health or welfare or the
environment because of an actual or threatened release of a hazardous
substance includes the authority to take action because of the deposit
or presence of any -
(A) military munitions, including unexploded ordnance, or
(B) the constituents thereof, that are or have come to be
located, incident to their normal and expected use, on an operational
range, and remain thereon.
(c) DEFINITIONS. -
(1) For purposes of this section, the term "constituents" means any
materials originating from military munitions, including -
(A) unexploded ordnance,
(B) explosive and non-explosive materials, and
(C) emission, degradation, or breakdown products of such munitions.
(2) For purposes of this section, the terms "military munitions",
"operational range", and "unexploded ordnance" have the meanings given
such terms in subsections 101(e)(4), (3), and (5), respectively, of
title 10, United States Code.
(d) CHANGE IN RANGE STATUS. - Nothing in this section affects the legal
requirements applicable to -
(1) military munitions, including unexploded ordnance, or
(2) the constituents thereof, that have come to be located on an
operational range, once the range ceases to be an operational range.
(e) CONTINUATION OF AUTHORITY. - Nothing in this section affects the
authority of the Department of Defense to protect the environment,
safety, and health on operational ranges.
--
Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
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